Personal Property

Front 1

abandoned property

Back 1

owner must give up possession and have the intention to relinquish title and control

Front 2

abandoment can by proven

Back 2

by inferring it from custom

Front 3

if the property is abandoned

Back 3

the owner does not own it anymore. someone else can come and claim it.

Front 4

if property is lost

Back 4

you find property valued less than $20. The finder must make reasonable effort to locate the owner. If, after one year the owner has not come forward, finder gets to keep the property.

if more than $20, the finder must turnover the property to the police. the police hold it for a statutorily specified time (ranging from 3 mos to 3 year) and then it is the finder's

Front 5

gifts

Back 5

inter vivos
causa mortis

Front 6

inter vivos gifts

Back 6

Donor must have donative intent.
Intent to part with title not just possession.it is normally going to be proven by statements made at the time of the gift or circumstantial context.
2.Valid acceptance by donnee.
Silence is generally adequate. Theonly time this becomes an issue is if there is an affirmative rejection of the gift.
3.Delivery.
Transfer of possession.

Front 7

delivery of checks

Back 7

if it is donnee's check then it is not delivered until it is cashed
if a third party check it is delivered when given.

Front 8

delivery of stock certificates

Back 8

it is considered delivered when it is turned over. it does not matter if it is not recorded on the corporate books.

Front 9

role of agents in delivery

Back 9

if it is the donor's agent, it is not delivered until the agent turns it over
if donee's agent then it is considered delivered once it is given to the donnee's agent.

Front 10

causa mortis gift

Back 10

be an imminent risk of death to the donor that is objectively likely to occur.
And the donor must actualy die

Front 11

donnee predeceasing donor

Back 11

then the gift is void.

Front 12

elements of a lien in general

Back 12

1..There is a debt relating to the performance of services.
2.Person owed the money has possession of items in q.
3.Debtor retains title to the property.

Front 13

general lien

Back 13

the rights of the creditor to retain a large amount of property as security for a general amount due.
the lienholder releasing one item or some items will not discharge the lien

Front 14

special lien

Back 14

right to retain specific property in connection with services performed on that item.

release of that item will discharge lien though NOT debt.

Front 15

bailments

Back 15

A bailment arises wheneer you voluntarily turn over possession of a piece of personal property to another person.
That person takes possesson with consent for a specific purpose.

Front 16

bailee's responsibilities

Back 16

bailee has a general responsibility to protect the item when it is in his/her's possession.
Normal things are considered part of the bailment, but extraordinary things are not.

Front 17

safe deposit boxes

Back 17

this is an exception to the scope of bailment.
the SDB holder is responsible for all items in it.

Front 18

Parking lot as a bailment

Back 18

if you keep your keys, not a bailment.
if you leave your keys with a representative it is a bailment.

Front 19

bailee liability

Back 19

ordinary negligence claim against baillee if property is damaged or destroyed while baillee has it.

Front 20

limitation on baillee liability

Back 20

bailee can limit liability in advance, however they cannot avoid all liability.

Front 21

creation of a bailment

Back 21

requires that the bailee obtain actual or constructve possession of the item

Front 22

bathouses

Back 22

bathouse keeper is a bailee of the clothes despite the fact tht the person using the locker does not surender the key

Front 23

master/servant relationship

Back 23

ordinry possession by a servant of her master's good does not constitute a bailment

Front 24

garagekeeper

Back 24

bailee for hire

Front 25

restaurateurs

Back 25

not liable for coats on hooks near a guest's seat

Front 26

storekeeper

Back 26

bailee of articles necessarily laid aside

Front 27

bailee's rights

Back 27

has exclusive rigt to possess property provided she is exercising this right according to the terms and conditions of the bailment.

no right use the item of personal property bailed except in a manner that is expressly or impliedly agreed upon

Front 28

if the bailment is for the sole benefit of the bailor

Back 28

the bailee must exercise only slight diligence

Front 29

if the bailment is for the sole benefit of he baillee

Back 29

great diligence is required, the bailee willbe liable even for sligh negligence.

Front 30

bailments for hire and pledges re for mutual benefit

Back 30

bailee must exercise ordinary care

Front 31

modern standard for bailee liability

Back 31

ordinry care for all three

Front 32

bailee has absolute liability

Back 32

if she departments from the terms of the bailent

Front 33

bailee liability for misdelivery

Back 33

bailee has a duty to redeliver or account for the thing bailed in its original or agreed-upon altered form.
bailee absolutely liable for improer delivery.

Front 34

trespasser who catches game on another's land

Back 34

forfeits title in anmals caught on anoter's land

Front 35

tortious conversion

Back 35

does not deprive the true owner of her title.
one who doe snot have title cannot pass title even to a bfp

Front 36

exceptions to tortious conversion rule with respect to a bfp

Back 36

a bfp
can obtain good title where:
money or negotiable instruments are transferred
the owner of the goods, induced by fraud or misrep, sells the goods intending to transfer title.
owner of goods has expressly or impliedly represented that the possesor is the owner or hasauthority to sell them and bfp relied in good faith n that